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House Journal


Day 00 (01-9-02013)
Day 01 (02-13-2013)
Day 02 (02-14-2013)
Day 03 (02-15-2013)
Day 06 (02-18-2013)
Day 07 (02-19-2013)
Day 08 (02-20-2013)
Day 09 (02-21-2013)
Day 10 (02-22-2013)
Day 13 (02-25-2013)
Day 14 (02-26-2013)
Day 15 (02-27-2013)
Day 16 (02-28-2013)
Day 17 (03-01-2013)
Day 20 (03-04-2013)
Day 21 (03-05-2013)
Day 22 (03-06-2013)
Day 23 (03-07-2013)
Day 24 (03-08-2013)
Day 27 (03-11-2013)
Day 28 (03-12-2013)
Day 29 (03-13-2013)
Day 30 (03-14-2013)
Day 34 (03-18-2013)
Day 35 (03-19-2013)
Day 36 (03-20-2013)
Day 37 (03-21-2013)
Day 38 (03-22-2013)
Day 41 (03-25-2013)
Day 42 (03-26-2013)
Day 43 (03-27-2013)
Day 44 (03-28-2013)
Day 45 (03-29-2013)
Day 48 (04-01-2013)
Day 49 (04-02-2013)
Day 50 (04-03-2013)
Day 51 (04-04-2013)
Day 52 (04-05-2013)
Day 55 (04-08-2013)
Day 56 (04-09-2013)
Day 57 (04-10-2013)
Day 58 (04-11-2013)
Day 59 (04-12-2013)

Eighty-first Legislature

First Regular Session

Held at Charleston

Published by the Clerk of the House

 

West Virginia Legislature

JOURNAL

of the

House of Delegates

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__________*__________



 

Wednesday, April 3, 2013

FIFTIETH DAY

[Mr. Speaker, Mr. Thompson, in the Chair]

 

 

            The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Rick Thompson, Speaker.

            Prayer was offered and the House was led in recitation of the Pledge of Allegiance.

            The Clerk proceeded to read the Journal of Tuesday, April 2, 2013, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

            Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report, which was received:

            Your Committee on Rules has had under consideration:

            H. C. R. 83, Requesting a study on viable alternatives to placing children in maximum security environments,

            H. C. R. 104, Recognizing the many contributions made by citizens of the Republic of Azerbaijan and that it is in the best interest of the State of West Virginia to promote relationships with the Azerbaijani people,

            H. C. R. 110, The “Boyd Leon Parsons Memorial Bridge”,

            H. C. R. 111, Requesting the Division of Highways to build the bridge on County Route 65/03 located near Tug Valley High School in Naugatuck, Mingo County,

            S. C. R. 7, Designating Hall Flintlock Model 1819 official state firearm,

            S. C. R. 9, Requesting DOH name bridge in Boone County “Naval Chief Boatswain Fred L. Byrnside and Army Captain Dora Jo Chambers Byrnside Memorial Bridge”,

            And,

            S. C. R. 13, Requesting DOH name bridge in Lewis County “J. Cecil Jarvis Memorial Bridge”,

            And reports the same back with the recommendation that they each be adopted.

            Delegate Morgan, Chair of the Committee on Government Organization, submitted the following report, which was received:

            Your Committee on Government Organization has had under consideration:

            Com. Sub for S. B. 435, Continuing Municipal Home Rule Pilot Program,            

            And reports the same back, with amendment, with the recommendation that it do pass, as amended.

            Delegate Miley, Chair of the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration:

            Com. Sub. for S. B. 145, Amending election complaint procedures,

            And reports the same back, with amendment, with the recommendation that it do pass, as amended.

            Delegate Miley, Chair of the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration:

            Com. Sub. for S. B. 71, Requiring descriptions of easements and rights-of-way include width in addition to centerline; exception,

            And reports the same back with the recommendation that it do pass.

            Delegate Miley, Chair of the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration:

            Com. Sub. for S. B. 535, Relating to process for maintaining voter registration lists,

            And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.

            In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 535) was referred to the Committee on Finance.

            Delegate Perdue, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:

            Your Committee on Health and Human Resources has had under consideration:

            S. B. 52, Relating to Rural Health Initiative Act, 

            And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.

            In accordance with the former direction of the Speaker, the bill (S. B. 52) was referred to the Committee on Finance.

            Delegate Perdue, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:

            Your Committee on Health and Human Resources has had under consideration:

            Com. Sub. for S. B. 464, Regulating tanning facilities,

            And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.

            In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 464) was referred to the Committee on the Judiciary.

            On motion for leave, a resolution was introduced (Originating in the Committee on Health and Human Resources and reported with the recommendation that it be adopted), which was read by its title, as follows:

By Delegates Perdue, Perry, Ellington, Campbell, Eldridge, Diserio, Eldridge, Lawrence, Miller, Householder, Fleischauer, Border, Cowles, Marshall, Moore, Rowan, Moye, Poore, Staggers, Arvon, Sobonya, Pasdon and Ferns:

            H. C. R. 114 - “Requesting the Joint Committee on Government and Finance to study the authority of structure of DHHR.”

            Whereas, The Department of Health and Human Resources has grown tremendously with an increased staff of over 6,000 employees responsible for well over 25 expansive and critical programs which serve the entire state; and

            Whereas, The Department of Health and Human Resource budget has grown to well over 3.5 billion dollars and has easily become the most comprehensive agency in state government; and

            Whereas, There is a strong desire on the part of the Legislature to work collaboratively to have a complete understanding of the department and how and why decisions are made; and

            Whereas, The Legislature believes that as the appropriators of state funds there is a strong need to have a complete understanding of the DHHR budget;

             Whereas, Authority and structure of the office of the Governor is currently conducting an audit and the legislature should review that audit and its findings of the Department of Health and Human resources, therefore be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study the authority, structure, and audit recommendation of the department to develop a better understanding of the department and a more collaborative process of working with the department to efficiently and effectively meet the needs of the citizens of the state; and, be it

            Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2014, on its findings, conclusions and recommendations together with drafts of any legislation necessary to effectuate its recommendations; and, be it

            Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

            And,

            Delegates Perdue, Perry, Ellington, Campbell, Eldridge, Diserio, Lawrence, Miller, Householder, Fleischauer, Border, Cowles, Marshall, Moore, Rowan, Moye, Poore, Staggers, Arvon, Sobonya, Pasdon and Ferns:

            H. C. R. 117 – “Requesting the Joint Committee on Government and Finance to study the certificate of need review process within the Health Care Authority.”

            Whereas, The certificate of need review process was enacted by the West Virginia Legislature in 1977 and became a part of the Health Care Authority in 1983; and

            Whereas, The certificate of need review process is intended to be a regulatory element designed to assist the Health Care Authority to control health care costs, improve the quality and efficiency of the state’s health care system, encourage collaboration and develop a system of health care delivery available to all of West Virginia’s citizens; and

            Whereas, Unless specifically exempted, all health care providers in West Virginia must obtain a certificate of need prior to the addition or expansion of health care services, to exceed certain capital expenditures, to obtain major medical equipment or to develop or acquire a new health care facility; and

            Whereas, The structure of certificate of need review varies widely from state to state and some states have either repealed or limited the scope of the certificate of need review process; and
            Whereas, In some respects the certificate of need review process in West Virginia has substituted bureaucratic decision making for a free enterprise system; and

            Whereas, Restructuring the certificate of need review process to better account for cost containment with attention paid to efficient allocation of scarce resources, the impact on effective delivery of health care services, a greater attention to balancing quality of care and service delivery with entrepreneurial insight and patient preference, and a focus on availability of services to the citizens of West Virginia through a more competitive free market may be needed; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study the certificate of need review process within the Health Care Authority; and, be it
            Further Resolved, That the Joint Committee on Government and Finance consider an alternative framework to the certificate of need review process more centered on a free market in the delivery of medical care in health care facilities and equipment; and, be it
            Further Resolved, That Joint Committee on Government and Finance report to the regular session of the Legislature, 2014, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
            Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

            The Speaker referred the resolutions (H. C. R. 114 and H. C. R. 117) to the Committee on Rules.

            Delegate Perdue, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:

            Your Committee on Health and Human Resources has had under consideration:

            Com. Sub. for S. B. 27, Relating to administration of opioid antidote in emergency situations,

            Com. Sub. for S. B. 201, Permitting expedited partner therapy,

            S. B. 407, Requiring cellular and phone companies provide certain information to Bureau for Child Support Enforcement,

            And,

            S. B. 429, Redefining “facility” under Medication Administration by Unlicensed Personnel Act.

            And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.

            In accordance with the former direction of the Speaker, the bills (Com. Sub. for S. B. 27, Com. Sub. for S. B. 201, S. B. 407 and S. B. 429) were each referred to the Committee on the Judiciary.

            On motion for leave, a resolution was introduced (Originating in the Committee on Health and Human Resources and reported with the recommendation that it be adopted), which was read by its title, as follows:

By Delegates Lawrence, Campbell, Moye, Eldridge, Perdue, Perry, Ellington, Diserio, Householder, Fleischauer, Border, Miller, Cowles, Marshall, Moore, Rowan, Poore, Staggers, Ferns, Arvon, Pasdon and Sobonya:

            H. C. R. 115 - “Requesting the Joint Committee on Government and Finance to study the current medical exemption process for immunizations in West Virginia.”

            Whereas, West Virginia has one of the strictest laws in the nation pertaining to medical vaccine exemption requirements for children before they can attend school; and

            Whereas, Vaccines have reduced and, in some cases, eliminated many diseases that killed or severely disabled people just a few generations before; and

            Whereas, Currently West Virginia requires that physicians send requests to the local health departments to be authorized before the child can enter the school system; and

            Whereas, Disease prevention is the key component to public health. Vaccines prevent disease in the people who receive them and protect those who come into contact with unvaccinated individuals. Vaccines help prevent infectious diseases and save lives. Vaccines are responsible for the control of many infectious diseases that were once common in this country; and

            Whereas, It is crucial that pediatricians design a safe immunization plan for children with confirmed vaccine allergies. Children who have had one allergic reaction are believed to be at a higher risk for future reactions, typically more serious than the first; and

            Whereas, With the current medical exemption process, some children are forced to miss school days prior to being exempted with parents often having to opt to home school; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to conduct a study on the current medical exemption process for immunizations in West Virginia.; and, be it

            Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2014, on its findings, conclusions and recommendations together with drafts of any legislation necessary to effectuate its recommendations; and, be it

            Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

            The Speaker referred the resolution (H. C. R. 115) to the Committee on Rules.

Messages from the Senate

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:

            H. B. 2800, Relating to the Teachers’ Retirement System.

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:

            Com. Sub. for H. B. 2802, Relating to the Emergency Medical Services Retirement System.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of 

            Com. Sub. for S. B. 22 - “A Bill to amend and reenact §5-16-7 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §33-15-4k; to amend said code by adding thereto a new section, designated §33-16-3w; to amend said code by adding thereto a new section, designated §33-24-7l; to amend said code by adding thereto a new section, designated §33-25-8i; and to amend said code by adding thereto a new section, designated §33-25A-8k, all relating generally to requiring health insurance coverage of maternity services in certain circumstances; providing maternity services for all individuals participating in or receiving insurance coverage under a health insurance policy if those services are covered under the policy; modifying required benefits for public employees insurance, accident and sickness insurance, group accident and sickness insurance, hospital medical and dental corporations, health care corporations and health maintenance organizations; and providing exceptions to the extent that required benefits exceed the essential health benefits specified under the Patient Protection and Affordable Care Act”; which was referred to the Committee on the Judiciary.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of

            S. B. 65 - “A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §20-7-1 of said code, all relating to pension benefits exempt from state income taxation; and including Division of Natural Resources police into the class of law-enforcement officers exempted”; which was referred to the Committee on Pensions and Retirement then Finance.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 98 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18B-11C-1 and §18B-11C-2; and to amend said code by adding thereto a new article, designated §18B-11D-1, §18B-11D-2, §18B-11D-3, §18B-11D-4, §18B-11D-5 and §18B-11D-6, all relating to higher education centers and institutes generally; setting forth legislative findings and intent; providing definitions; requiring certain reports; creating the Shale Research, Education, Policy and Economic Development Center at West Virginia University; setting forth legislative findings and purposes; requiring certain rules; and providing certain powers and duties of West Virginia University Board of Governors, the center and the center director”; which was referred to the Committee on Education then Finance.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 103 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §29-18A-1, §29-18A-2, §29-18A-3, §29-18A-4 and §29-18A-5, all relating to creating the West Virginia Commuter Rail Access Act; definitions; agreement with other states requirement; verifications; and authorizing a tax credit to a railroad in lieu of payment of track access fees commencing July 1, 2014”; which was referred to the Committee on Finance.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2013, and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 195 - “A Bill to amend and reenact §11-27-38 of the Code of West Virginia, 1931, as amended, relating generally to health care provider taxes; modifying the expiration date for tax rate on eligible acute care hospitals; changing the tax rate on eligible acute care hospitals; and providing for disbursement of any funds remaining in the Eligible Acute Care Provider Enhancement Account”; which was referred to the Committee on Finance.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 202 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-20C-1, §19-20C-2 and §19-20C-3, all relating to establishing the West Virginia Spay Neuter Program and Fund; designating the Commissioner of the Department of Agriculture to manage the program and fund; providing grants to nonprofit spay neuter programs in state; limiting administrative expenses of fund; requiring annual reporting; and authorizing rulemaking”; which was referred to the Committee on Finance.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 324 - “A Bill to amend and reenact §30-5-1a and §30-5-16 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §30-5-16c; to amend and reenact §60A-3-301 of said code; and to amend said code by adding thereto a new section, designated §60A-3-301a, all relating to permits for manufacturing, making, producing, packing, packaging or preparing drugs, medicines, toilet articles, dentifrices and cosmetics and registration of practitioners dispensing controlled substances; modifying fees associated with the permits; granting rule-making authority to the Board of Pharmacy to establish a fee schedule for obtaining and maintaining the permit; providing that statutory fee schedule will remain in effect until amended, modified, repealed or replaced by legislative rule; clarifying disciplinary action that may be taken if condition or rule relating to permit is violated; modifying registration fees for practitioners dispensing controlled substances; granting rule-making authority to boards, departments and agencies that license or register practitioners dispensing controlled substances; and providing that statutory fee schedule for registering practitioners dispensing controlled substances will remain in effect until amended, modified, repealed or replaced by legislative rule”; which was referred to the Committee on Government Organization then the Judiciary.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 326 - “A Bill to amend and reenact §18B-1A-5 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18B-2A-3 of said code, all relating to institutional operating budgets; the West Virginia Network of Educational Telecomputing; requiring the Higher Education Policy Commission and Council for Community and Technical College Education to propose procedural rules by certain date; specifying prior approval by Legislative Oversight Commission on Education Accountability; setting forth goals and objectives for state institutions of higher education and specifying procedures for measuring attainment; designating a pilot year and requiring certain reports; specifying percentages of operating budgets to be applied to outcomes-based funding annually and designating total percentages; requiring establishment of legislative committee to advise in developing procedural rules; collecting, synthesizing and disseminating data from state institutions of higher education; directing institutional boards of governors to cooperate in certain data-related operations; and providing certain privacy protections”; which was referred to the Committee on Finance.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 421 - “A Bill to amend and reenact §61-7-11a of the Code of West Virginia, 1931, as amended, relating to providing an exemption for the official mascot of Parkersburg South High School, commonly known as the Patriot, which would allow the mascot to carry a musket on school grounds when the mascot is acting in his or her official capacity.”

            At the respective requests of Delegate Boggs, and by unanimous consent, reference of the bill (Com. Sub. for S. B. 421) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2013, and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 433 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §27-1A-12, relating to creating an informal dispute resolution process available to behavioral health providers licensed by the Department of Health and Human Resources for orders or citations of deficient practice; and providing that the informal dispute resolution process does not affect the ability of a licensee to seek administrative and judicial review of an order or citation of deficient practice”; which was referred to the Committee on Health and Human Resources then the Judiciary.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 466 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-34-1, §19-34-2, §19-34-3, §19-34-4, §19-34-5, §19-34-6, §19-34-7, §19-34-8, §19-34-9 and §19-34-10, all relating to the regulation of dangerous wild animals; creating the Dangerous Wild Animal Board; setting forth the duties of the board; requiring the board to create a list of dangerous wild animals by rule; permitting the board to issue a permit for a dangerous wild animal legally possessed prior to the effective date of the rules; prohibiting the possession of a dangerous wild animal thereafter; setting forth permit requirements; providing for confiscation and disposition of animals; permitting the suspension and revocation of permits; providing exemptions; providing rule-making and emergency rule-making authority; and establishing criminal and civil penalties”; which was referred to the Committee on the Judiciary then Finance.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2013, and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 498 - “A Bill to amend and reenact §11-16-24 of the Code of West Virginia, 1931, as amended; to amend and reenact §60-3A-28 of said code; to amend and reenact §60-7-13a of said code; and to amend and reenact §60-8-18 of said code, all relating to hearing procedures for certain licenses issued by the Alcohol Beverage Control Administration; requiring that appeals from the commissioner’s decision regarding disciplinary action against a licensee are to be brought in the circuit court of Kanawha County or the circuit court in the county where the facility subject to the commissioner’s decision is located or proposed to be located; and providing that the licensee appealing the commissioner’s decision is required to pay the costs and fees incident to transcribing, certifying and transmitting records pertaining to the appeal”; which was referred to the Committee on the Judiciary.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of

            S. B. 515 - “A Bill to amend and reenact §17C-15-42 of the Code of West Virginia, 1931, as amended, relating to television receivers and other devices installed in vehicles; restrictions; conditions for use; and inapplicability of section to specific devices”; which was referred to the Committee on the Judiciary.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of

            S. B. 561 - “A Bill to establish the Tucker County Cultural District Authority; providing legislative findings; forming the Tucker County Cultural District Authority; providing for appointment of members; providing for organization and bylaws; requiring quarterly meetings; providing for quorum; authorizing proxy voting; providing for parliamentary procedure; providing for certain powers and duties of the board; establishing funding priorities; allowing public and private partnerships; granting certain specific authority to the president of the authority; requiring cooperation of state agencies; and allowing various municipalities, boards, commissions, agencies and others to assist the authority”; which was referred to the Committee on Political Subdivisions then Government Organization.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2013, and requested the concurrence of the House of Delegates in the passage, of

            S. B. 582 - “A Bill to amend and reenact §55-10-1, §55-10-2, §55-10-3, §55-10-4, §55-10-5, §55-10-6, §55-10-7 and §55-10-8 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto twenty-four new sections, designated §55-10-9, §55-10-10, §55-10-11, §55-10-12, §55-10-13, §55-10-14, §55-10-15, §55-10-16, §55-10-17, §55-10-18, §55-10-19, §55-10-20, §55-10-21, §55-10-22, §55-10-23, §55-10-24, §55-10-25, §55-10-26, §55-10-27, §55-10-28, §55-10-29, §55-10-30, §55-10-31 and §55-10-32, all relating generally to arbitration; defining terms; defining notice under the article; defining when article applies; proscribing the effect of agreements to arbitrate and defining nonwaivable provisions; allowing for application for judicial relief under the article; making an agreement to arbitrate valid unless a legal or equitable reason for revocation exists; providing for the terms by which arbitration may continue if challenged; providing for the process for motions to compel or stay arbitration; providing for provisional remedies to protect the effectiveness of arbitration proceedings; providing the process for initiation of arbitration; providing for the consolidation of separate arbitration proceedings; providing for the appointment of an arbitrator and default process if not agreed by the parties; requiring neutrality of arbitrators; requiring disclosure by arbitrators of matters affecting impartiality; requiring a majority of arbitrators to agree to exercise powers; providing immunity for arbitrators; requiring competency to testify and providing for attorneys’ fees and costs for challenges from which arbitrators are immune; providing the general process for arbitration; allowing parties to be represented by a lawyer in arbitrations; outlining the procedure for witnesses, subpoenas, depositions and discovery in arbitrations; providing for judicial enforcement of preaward ruling by arbitrator; providing for a record of an award and the requirements for an award; allowing the change of an award by an arbitrator upon motion under certain conditions; providing that certain remedies and the fees and costs of arbitration may be a part of an arbitration award; allowing for confirmation by a court of an award upon motion; providing the process and grounds for vacating an award by a court; providing the process and grounds for the modification or correction of an award upon motion; providing that a court shall enter a judgment upon confirmation of an award and may add reasonable attorneys’ fees and costs; providing for jurisdiction over arbitration agreements by a court of this state; providing venue; providing that appeals may be taken from orders related to arbitration proceedings; requiring uniform construction of the act; providing that this act complies with the Electronic Signatures in Global and National Commerce Act; and providing the effective date of the act”; which was referred to the Committee on the Judiciary. 

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 586 - “A Bill to repeal §30-27-15 of the Code of West Virginia, 1931, as amended; to amend and reenact §30-27-3, §30-27-5, §30-27-8, §30-27-11 and §30-27-12 of said code; and to amend and reenact §30-37-7 of said code, all relating to the Board of Barbers and Cosmetologists; licensing schools of aesthetics, barbering, cosmetology, manicuring and massage; transferring authority to approve licensure for certain schools; clarifying powers and duties of the board; providing requirements for professional licensing, license renewal and work permits; establishing certain student registration requirements; and providing definitions”; which was referred to the Committee on Education.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2013, and requested the concurrence of the House of Delegates in the passage, of

            S. B. 623 - “A Bill to amend and reenact §18-20-5 of the Code of West Virginia, 1931, as amended, relating to allowing certain funding for supporting children with high acuity needs to also be used to fund probation officer positions needed to address truancy; and making technical corrections”; which was referred to the Committee on Education.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 624 - “A Bill to amend and reenact §61-5-29 of the Code of West Virginia, 1931, as amended, relating to adjusting penalties for willful failure to pay child support; requiring probation and home confinement instead of confinement in a correctional facility for first violations; creating the misdemeanor offense of a second conviction of willfully failing to pay child support; creating a felony offense of a third or subsequent conviction of willfully failing to pay child support; and requiring certain persons convicted of willfully failing to pay child support to promptly obtain employment or register with Workforce West Virginia and complete certain programs”; which was referred to the Committee on the Judiciary.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 630 - “A Bill to amend and reenact §5A-6-4a of the Code of West Virginia, 1931, as amended, relating to duties of the Chief Technology Officer with regard to security of government information; adding the Division of Protective Services and the West Virginia Intelligence Fusion Center to the list of agencies exempted from the control of the Chief Technology Officer; and adding the Treasurer to the list of officers whose responsibilities cannot be infringed upon by the Chief Technology Officer”; which was referred to the Committee on Government Organization then the Judiciary.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 638 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-13A-22, relating to exemptions from the tax on the privilege of severing natural gas and oil; terminating a severance tax exemption for natural gas or oil produced from any horizontally drilled well that has not produced marketable quantities for five consecutive years immediately preceding the year in which such well is placed back into production and thereafter produces marketable quantities of natural gas or oil; providing an exception thereto; and specifying a controlling effective date.”

            At the respective requests of Delegate Boggs, and by unanimous consent, reference of the bill (Com. Sub. for S. B. 638) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

Petitions

            Delegate Ireland presented a petition on behalf of his constituents in support of H. B. 2580, Providing that all future federal, state and local statutes, ordinances, laws, orders and rules concerning firearms, firearm accessories, ammunition and their accouterments are invalid and unenforceable; which was referred to the Committee on the Judiciary.

Special Calendar

Third Reading

            S. B. 496, Finding and declaring certain claims against state; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 141), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

            Absent and Not Voting: Hamrick, J. Nelson and Raines.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 496) passed.

            Delegate Boggs moved that the bill take effect from its passage.

            On this question, the yeas and nays were taken (Roll No. 142), and there were--yeas 95, nays 2, absent and not voting 3, with the nays and absent and not voting being as follows:

            Nays: Cadle and Householder.

            Absent and Not Voting: Hamrick, J. Nelson and Raines.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 496) takes effect from its passage.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            Com. Sub. for H. B. 2128, Providing railroad employees have the right to review and copy the contents of their personnel file; on third reading, coming up in regular order, was read a third time.

            Delegate Boggs requested to be excused from voting on the passage of Com. Sub. for H. B. 2128 under the provisions of House Rule 49.

            The Speaker replied that the Delegate was a member of a class of persons possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse the Member from voting.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 143), and there were--yeas 85, nays 12, absent and not voting 3, with the nays and absent and not voting being as follows:

            Nays: Andes, Cadle, Cowles, Craig, Gearheart, Householder, McCuskey, Miller, E. Nelson, Overington, Pasdon and Sobonya.

            Absent and Not Voting: Hamrick, J. Nelson and Raines.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2128) passed.

            On motion of Delegate Miley, the title of the bill was amended to read as follows:

            Com. Sub. for H. B. 2128 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-3-22, relating to railroad employee records; and requiring railroads to provide access to or copies of an employee’s personnel file under certain circumstances and with certain limitations.”

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            Com. Sub. for H. B. 2265, Relating to the School Access Safety Act; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 144), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

            Absent and Not Voting: Hamrick, J. Nelson and Raines.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2265) passed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            Com. Sub. for H. B. 2352, Clarifying that the West Virginia Department of Environmental Protection does not assume a mine operator’s obligations or liabilities under the Water Pollution Control Act; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 145), and there were--yeas 97, nays 1, absent and not voting 2, with the absent and not voting being as follows:

            Nays: Manypenny

            Absent and Not Voting: Hamrick and J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2352) passed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            H. B. 2355, Allowing the mascot of Parkersburg South High School to carry a musket on school grounds when the mascot is acting in his or her official capacity; on third reading, coming up in regular order was reported by the Clerk.

            At the request of Delegate Boggs, and by unanimous consent, the bill was laid over.

            Com. Sub. for H. B. 2357, Relating to sexting by minors; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 146), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent and Not Voting: Hamrick and J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2357) passed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            Com. Sub. for H. B. 2399, Protecting livestock in dire or extreme condition; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 147), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent and Not Voting: Hamrick and J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2399) passed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            Com. Sub. for H. B. 2431, Modifying the application process for obtaining a state license to carry a concealed deadly weapon; on third reading, coming up in regular order, with amendment pending and with restricted right to amend, was reported by the Clerk.

            An amendment to the bill, offered by Delegate Eldridge, was reported by the Clerk.

            Whereupon,

            Delegate Eldridge asked and obtained unanimous consent that the amendment be withdrawn.

            Delegates Eldridge, Miley and R. Philips then asked and obtained unanimous consent to offer an amendment on this reading.

            The Clerk then reported the amendment amending the bill on page eight, section four, line one hundred thirty-two, immediately following the word “Guard”, by inserting the words “or proof of other handgun qualification received while serving in any branch of the United States Military, Reserve or National Guard”and a period.

            Having been engrossed, the bill was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 148), and there were--yeas 97, nays 1, absent and not voting 2, with the absent and not voting being as follows:

            Nays: Wells

            Absent and Not Voting: Hamrick and J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2431) passed.

            On motion of Delegates Eldridge and Miley, the title of the bill was amended to read as follows:

            Com. Sub. for H. B. 2431 -“A Bill to amend and reenact §61-7-4 of the Code of West Virginia, 1931, as amended, relating to the process for obtaining a state license to carry a concealed deadly weapon; clarifying certain restrictions and prohibitions; clarifying effect of expungement, pardons or reversal of prior offenses on permit application; clarifying training and certification requirements; clarifying background check requirements; and exempting active military and veterans from licensing fees.”

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            H. B. 2469, Increasing the cap on earnings during temporary reemployment after retirement; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 149), and there were--yeas 95, nays 3, absent and not voting 2, with the absent and not voting being as follows:

            Nays: Armstead, Lane and McCuskey.

            Absent and Not Voting: Hamrick and J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2469) passed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            Com. Sub. for H. B. 2470, Relating to sign support specialist or an educational sign language interpreter in the education of exceptional children; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 150), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent and Not Voting: Hamrick and J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2470) passed.

            Delegate Boggs moved that the bill take effect July 1, 2013.

            On this question, the yeas and nays were taken (Roll No. 151), and there were--yeas 98, nays none, absent and not voting 2, with the nays and absent and not voting being as follows:

            Absent and Not Voting: Hamrick and J. Nelson.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2470) takes effect July 1, 2013.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            Com. Sub. for H. B. 2490, Providing for the appointment of veterans advocates at state institutions of higher education; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 152), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent and Not Voting: Hamrick and J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2490) passed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

 

            Com. Sub. for H. B. 2491, Establishing a uniform policy for students enrolled in institutions of higher education who are called up for duty in the military; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 153), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent and Not Voting: Hamrick and J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2491) passed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            Com. Sub. for H. B. 2498, Making it a crime for a person sitting on a grand jury to disclose the identity of an individual who will be indicted; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 154), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent and Not Voting: Hamrick and J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2498) passed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

 

            Com. Sub. for H. B. 2513, Improving enforcement of drugged driving offenses; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 155), and there were--yeas 72, nays 26, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Barrett, Butler, Cadle, Canterbury, Eldridge, Ellem, Faircloth, Folk, Frich, Gearheart, Hamilton, Householder, Howell, Ireland, Kump, Lawrence, Manypenny, Miller, Poore, Romine, Skinner, R. Smith, Sobonya, Sponaugle, Walters and Westfall.

            Absent and Not Voting: Hamrick and J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2513) passed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            H. B. 2542, Relating to publication of the State Register; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 156), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent and Not Voting: Hamrick and J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2542) passed.

            Delegate Boggs moved that the bill take effect from its passage.

            On this question, the yeas and nays were taken (Roll No. 157), and there were--yeas 98, nays none, absent and not voting 2, with the nays and absent and not voting being as follows:

            Absent and Not Voting: Hamrick and J. Nelson.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2542) takes effect from its passage.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            Com. Sub. for H. B. 2544, Improving state emergency preparedness; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 158), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

            Absent and Not Voting: J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2544) passed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            Com. Sub. for H. B. 2548, Increasing the criminal penalties for assaults and batteries against athletic officials; on third reading, coming up in regular order, was read a third time.

            Delegates Gearheart and Espinosa requested to be excused from voting on the passage of Com. Sub. for H. B. 2548 under the provisions of House Rule 49.

            The Speaker replied that the Delegates were members of a class of persons possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse the Members from voting.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 159), and there were--yeas 94, nays 5, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Butler, Ireland, Overington, Sobonya and Walker.

            Absent and Not Voting: J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2548) passed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            Com. Sub. for H. B. 2570, Relating to the West Virginia Public Employees Grievance Procedure; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 160), and there were--yeas 97, nays 2, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: McCuskey and Shott.

            Absent and Not Voting: J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2570) passed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

 

            Com. Sub. for H. B. 2577, Relating to the practice of pharmacist care; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 161), and there were--yeas 99, nays none, absent and not voting 1, with the nays and absent and not voting being as follows:

            Absent and Not Voting: J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2577) passed.

            On motion of Delegate Miley, the title of the bill was amended to read as follows:

            H. B. 2577 - “A Bill to repeal §30-5-1a, §30-5-1b, §30-5-2a, §30-5-3a, §30-5-5a, §30-5-5b, §30-5-6a, §30-5-7a, §30-5-7b, §30-5-7c, §30-5-9a, §30-5-10a, §30-5-12c, §30-5-14a, §30-5-14b, §30-5-16a, §30-5-16b, §30-5-16c and §30-5-22a of the Code of West Virginia, 1931, as amended; to amend and reenact §30-5-1, §30-5-2, §30-5-3, §30-5-4, §30-5-5, §30-5-6, §30-5-7, §30-5-8, §30-5-9, §30-5-10, §30-5-11, §30-5-12, §30-5-13, §30-5-14, §30-5-15, §30-5-16, §30-5-17, §30-5-18, §30-5-19, §30-5-20, §30-5-21, §30-5-22, §30-5-23, §30-5-24, §30-5-25, §30-5-26, §30-5-27, §30-5-28, §30-5-29 and §30-5-30 of said code; to amend said code by adding thereto four new sections, designated §30-5-31, §30-5-32, §30-5-33 and §30-5-34; and to amend and reenact §60A-10-3 of said code, all relating to pharmacy practice; prohibiting the practice of pharmacist care without a license; permitting a licensed practitioner to dispense in certain settings; providing other applicable sections; providing definitions; providing for board composition; setting forth the powers and duties of the board; clarifying rule-making authority; continuing a special revenue account; establishing license, registration and permit requirements; creating a scope of practice; creating a temporary permit; establishing renewal requirements; providing for exemptions from licensure; providing requirement to participate in collaborative pharmacy practice; providing requirement for dispensing generic drugs; requiring and authorizing registration of pharmacies; establishing for permit for mail-order pharmacies and the manufacturing of drugs; providing requirements of filling prescriptions; providing requirements for the display of a board authorization; permitting the board to file an injunction; setting forth grounds for disciplinary actions; allowing for specific disciplinary actions; providing procedures for investigation of complaints; providing duty to warn; providing for judicial review and appeals of decisions; setting forth hearing and notice requirements; providing for civil causes of action; providing criminal penalties; and updating references.”

            Delegate Boggs moved that the bill take effect July 1, 2013.

            On this question, the yeas and nays were taken (Roll No. 162), and there were--yeas 99, nays none, absent and not voting 1, with the nays and absent and not voting being as follows:

            Absent and Not Voting: J. Nelson.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2577) takes effect July 1, 2013.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            Com. Sub. for H. B. 2600, Creating resort area districts; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 163), and there were--yeas 82, nays 17, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Armstead, Arvon, Azinger, Butler, Cadle, Canterbury, A. Evans, D. Evans, Faircloth, Folk, Gearheart, Hamrick, Howell, Kump, Rowan, R. Smith and Sobonya.

            Absent and Not Voting: J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2600) passed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            Com. Sub. for H. B. 2608, Requiring appraisal management companies to be registered; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 164), and there were--yeas 95, nays 4, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Ambler, Butler, D. Evans, and Howell.

            Absent and Not Voting: J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2608) passed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            Com. Sub. for H. B. 2689, Authorizing miscellaneous Boards and Agencies to promulgate legislative rules; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 165), and there were--yeas 60, nays 39, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Ambler, Anderson, Andes, Armstead, Arvon, Ashley, Azinger, Border, Butler, Cadle, Canterbury, Cooper, Cowles, Ellem, Ellington, Espinosa, A. Evans, D. Evans, Faircloth, Folk, Frich, Gearheart, Hamrick, Householder, Howell, Kump, Lane, McCuskey, Miller, E. Nelson, Overington, Pasdon, Raines, R. Smith, Sobonya, Storch, Sumner, Walters and Westfall.

            Absent and Not Voting: J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2689) passed.

            Delegate Boggs moved that the bill take effect from its passage.

            On this question, the yeas and nays were taken (Roll No. 166), and there were--yeas 64, nays 35, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Anderson, Andes, Armstead, Arvon, Border, Butler, Cadle, Canterbury, Ellem, Ellington, Espinosa, A. Evans, D. Evans, Faircloth, Folk, Frich, Gearheart, Hamrick, Householder, Howell, Kump, Lane, McCuskey, Miller, E. Nelson, Overington, Pasdon, Raines, Rowan, R. Smith, Sobonya, Storch, Sumner, Walters and Westfall.

            Absent and Not Voting: J. Nelson.

            So, two thirds of the members elected to the House of Delegates not having voted in the affirmative, the Speaker declared the motion to make the bill (Com. Sub. for H. B. 2689) effective from its passage rejected.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            Com. Sub. for H. B. 2722, Increasing the amount of special license fees paid by pipeline companies; on third reading, coming up in regular order, was reported by the Clerk.

            At the request of Delegate Boggs, and by unanimous consent, the bill was laid over.

            Com. Sub. for H. B. 2730, Relating to the Real Estate Appraisal Board; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 167), and there were--yeas 99, nays none, absent and not voting 1, with the nays and absent and not voting being as follows:

            Absent and Not Voting: J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2730) passed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            Com. Sub. for H. B. 2731, Regulating the performance of health maintenance tasks by unlicensed personnel; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 168), and there were--yeas 98, nays none, absent and not voting 2, with the nays and absent and not voting being as follows:

            Absent and Not Voting: J. Nelson and L. Phillips.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2731) passed.

            Delegate Boggs moved that the bill take effect from its passage.

            On this question, the yeas and nays were taken (Roll No. 169), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Howell.

            Absent and Not Voting: J. Nelson and L. Phillips.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2731) takes effect from its passage.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            Com. Sub. for H. B. 2738, Relating to the Center for Nursing; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 170), and there were--yeas 98, nays none, absent and not voting 2, with the nays and absent and not voting being as follows:

            Absent and Not Voting: J. Nelson and L. Phillips.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2738) passed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            Com. Sub. for H. B. 2787, Permitting family court judges and magistrates to carry concealed handguns without a permit; on third reading, coming up in regular order, was read a third time.

            Delegate Overington requested to be excused from voting on the passage of Com. Sub. for H. B. 2787 under the provisions of House Rule 49.

            The Speaker replied that the Delegate was a member of a class of persons possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse the Member from voting.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 171), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Wells

            Absent and Not Voting: J. Nelson and L. Phillips.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2787) passed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            Com. Sub. for H. B. 2805, Making the West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program a permanent program; on third reading, coming up in regular order, was read a third time.

            Delegate Lane requested to be excused from voting on the passage of Com. Sub. for H. B. 2806 under the provisions of House Rule 49.

            The Speaker replied that the Delegate was a member of a class of persons possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse the Member from voting.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 172), and there were--yeas 70, nays 29, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Ambler, Andes, Armstead, Arvon, Border, Butler, Cadle, Canterbury, Cowles, Espinosa, D. Evans, Faircloth, Frich, Gearheart, Hamrick, Householder, Howell, Iaquinta, Ireland, Kump, Miller, Overington, Pasdon, Raines, Rowan, R. Smith, Sobonya, Sumner and Westfall.

            Absent and Not Voting: J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2805) passed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            Com. Sub. for H. B. 2806, Relating to administrative remedies for prisoners generally; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 173), and there were--yeas 99, nays none, absent and not voting 1, with the nays and absent and not voting being as follows:

            Absent and Not Voting: J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2806) passed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            Com. Sub. for H. B. 2825, Relating to certain appointive state officers salaries; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 174), and there were--yeas 55, nays 44, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Ambler, Anderson, Andes, Armstead, Arvon, Ashley, Border, Butler, Cadle, Campbell, Canterbury, Cooper, Cowles, Ellington, Espinosa, A. Evans, D. Evans, Faircloth, Folk, Frich, Gearheart, Hamilton, Hamrick, Householder, Howell, Ireland, Kump, Lane, McCuskey, Miller, E. Nelson, O’Neal, Overington, Pasdon, L. Phillips, Raines, Romine, Shott, R. Smith, Sobonya, Storch, Sumner, Walters and Westfall.

            Absent and Not Voting: J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2825) passed.

            Delegate Boggs moved that the bill take effect from its passage.

            On this question, the yeas and nays were taken (Roll No. 175), and there were--yeas 56, nays 43, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Ambler, Andes, Armstead, Arvon, Ashley, Border, Butler, Cadle, Campbell, Canterbury, Cooper, Cowles, Ellem, Ellington, Espinosa, D. Evans, Faircloth, Folk, Frich, Gearheart, Hamilton, Hamrick, Householder, Howell, Ireland, Kump, Lane, McCuskey, Miller, E. Nelson, O’Neal, Overington, Pasdon, L. Phillips, Raines, Rowan, Shott, R. Smith, Sobonya, Storch, Sumner, Walters and Westfall.

            Absent and Not Voting: J. Nelson.

            So, two thirds of the members elected to the House of Delegates not having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2825) takes effect from its passage rejected.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            Com. Sub. for H. B. 2836, Allowing certain Commission on Special Investigations personnel the right to carry firearms; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 176), and there were--yeas 98, nays 1, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Wells

            Absent and Not Voting: J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2836) passed.

            Delegate Boggs moved that the bill take effect from its passage.

            On this question, the yeas and nays were taken (Roll No. 177), and there were--yeas 98, nays 1, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Wells

            Absent and Not Voting: J. Nelson.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2836) takes effect from its passage.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            Com. Sub. for H. B. 2837, Amending various provisions of the Code affecting the Treasurer’s Office; on third reading, coming up in regular order, with restricted right to amend, was reported by the Clerk.

            There being no amendments, the Speaker then put the question on the passage of the bill.            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 178), and there were--yeas 57, nays 42, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Ambler, Anderson, Andes, Armstead, Arvon, Ashley, Border, Butler, Cadle, Canterbury, Cooper, Cowles, Ellem, Ellington, Espinosa, D. Evans, Faircloth, Folk, Frich, Gearheart, Hamilton, Hamrick, Householder, Howell, Ireland, Kump, Lane, McCuskey, Miller, E. Nelson, O’Neal, Overington, Pasdon, Raines, Rowan, Shott, R. Smith, Sobonya, Storch, Sumner, Walters and Westfall.

            Absent and Not Voting: J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2837) passed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            Com. Sub. for H. B. 2849, Relating to audits and investigations by the chief inspector of public offices; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 179), and there were--yeas 99, nays none, absent and not voting 1, with the nays and absent and not voting being as follows:

            Absent and Not Voting: J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2849) passed.

            On motion of Delegate Miley, the title of the bill was amended to read as follows:

            Com. Sub. for H. B. 2849 - “A Bill to amend and reenact §6-9-7 and §6-9-9a of the Code of West Virginia, 1931, as amended, all relating to the Chief Inspector of Public Offices; authorizing the Chief Inspector to investigate the financial affairs of local governmental offices, political subdivisions, boards, commissions, authorities, agencies and other public entities; clarifying that the Chief Inspector may report to proper legal authority or initiate civil and criminal actions if an investigation discloses misfeasance, malfeasance or nonfeasance; and providing for confidentiality of reports until the completion of investigation or adjudication.”

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            Delegate Hamilton noted to the Clerk that he was absent on today when the votes were taken on Roll Nos. 141 through 155, and that had he been present, he would have voted “Yea” thereon, excluding Roll Nos. 143 and 155, on which he would have voted “Nay”.

            Delegate L. Phillips noted to the Clerk that she was absent on today when the votes were taken on Roll Nos. 169 through 171, and that had she been present, she would have voted “Yea” thereon.

            Delegate Raines also noted to the Clerk that she was absent on today when the votes were taken on Roll No. 141, 142 and 144, and that had she been present, she would have voted “Yea” thereon. She further noted that she had not been present when the vote was taken on Roll No. 143, and that had she been present, she would have voted “Nay” thereon.

            At 12:25 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 2:30 p.m., and reconvened at that time.

* * * * * * *

Afternoon Session

* * * * * * *

Special Calendar

-Continued-

Reordering of the Calendar

            Delegate Boggs announced that the Committee on Rules had transferred Com. Sub. for H. B. 2877, Com. Sub. for H. B. 2946 and H. B. 3164, on third reading, Special Calendar, to the House Calendar.

Third Reading

            Com. Sub. for H. B. 2897, Declaring certain claims against the state and its agencies to be moral obligations of the state; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 180), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

            Absent and Not Voting: Marcum, J. Nelson and L. Phillips.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2897) passed.

            Delegate Boggs moved that the bill take effect from its passage.

            On this question, the yeas and nays were taken (Roll No. 181), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

            Absent and Not Voting: Marcum, J. Nelson and L. Phillips.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2897) takes effect from its passage.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            Com. Sub. for H. B. 2960, Providing for internal and external review of adverse health coverage determinations; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 182), and there were--yeas 58, nays 40, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Ambler, Anderson, Andes, Armstead, Arvon, Azinger, Border, Butler, Cadle, Canterbury, Cooper, Cowles, Ellington, Espinosa, A. Evans, D. Evans, Faircloth, Folk, Frich, Gearheart, Hamrick, Householder, Howell, Ireland, Kump, Lane, Miller, E. Nelson, O’Neal, Overington, Pasdon, Raines, Romine, Rowan, Shott, R. Smith, Sobonya, Storch, Sumner and Westfall.

            Absent and Not Voting: J. Nelson and L. Phillips.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2960) passed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            Com. Sub. for H. B. 2964, Authorizing the mayor to appoint chiefs of police and deputy chiefs of police; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 183), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Butler.

            Absent and Not Voting: J. Nelson and L. Phillips.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2964) passed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            H. B. 2968, Authorizing the use of an additional medium for use in archiving the records; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 184), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent and Not Voting: J. Nelson and L. Phillips.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2968) passed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            Com. Sub. for H. B. 3020, Improving boat dock and marina safety; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 185), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent and Not Voting: J. Nelson and L. Phillips.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3020) passed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            Com. Sub. for H. B. 3021, Relating to operating a bicycle or overtaking a bicycle on a roadway; on third reading, coming up in regular order, was, at the request of Delegate Boggs, and by unanimous consent, placed at the foot of the calendar.

            H. B. 3028, Expanding the number of hours temporary state personnel may work in a calendar year; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 186), and there were--yeas 90, nays 8, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Armstead, Cowles, D. Evans, Hamrick, McCuskey, O’Neal, Overington and Westfall.

            Absent and Not Voting: J. Nelson and L. Phillips.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3028) passed.

            Delegate Boggs moved that the bill take effect from its passage.

            On this question, the yeas and nays were taken (Roll No. 187), and there were--yeas 90, nays 8, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Armstead, Cowles, Hamilton, Householder, Howell, McCuskey, O’Neal and Westfall.

            Absent and Not Voting: J. Nelson and L. Phillips.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 3028) takes effect from its passage.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            Com. Sub. for H. B. 3058, Relating to the valuation of motor vehicles for purposes of ad valorem property taxes; on third reading, coming up in regular order, was read a third time.

            Delegates Butler, Cooper, Diserio, A. Evans, Folk, Hamilton, Howell, Hunt, Manchin, Moye, Sponaugle, Staggers, Storch, Walters and Wells under the provisions of House Rule 49.

            The Speaker stated that the aforementioned Members were members of a class of persons possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse them from voting thereon.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 188), and there were--yeas 91, nays 7, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Azinger, Cowles, A. Evans, D. Evans, Hamilton, Romine and Rowan.

            Absent and Not Voting: J. Nelson and L. Phillips.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3058) passed.

            On motion of Delegate White, the title of the bill was amended to read as follows:

            Com. Sub. for H. B. 3058 - “A Bill to amend and reenact §11-1C-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §11-1C-5c and §11-1C-5d, all relating to the valuation of motor vehicles for purposes of ad valorem property taxes; requiring antique motor vehicles not used as a primary vehicle to be assigned an appraised value of up to $5,000; and providing that a reconciliation excise tax is imposed on the sale of an antique motor vehicle to recapture revenue from the sale.”

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            Com. Sub. for H. B. 3060, Authorizing the Oil and Gas Conservation Commission to regulate the horizontal deep wells; on third reading, coming up in regular order, was read a third time.

            Delegate Armstead requested to be excused from voting on the passage of Com. Sub. for H. B. 3060 under the provisions of House Rule 49.

            The Speaker replied that the Delegate was a member of a class of persons possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse the Member from voting.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 189), and there were--yeas 94, nays 4, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Hamilton, Lane, McCuskey and Walters.

            Absent and Not Voting: J. Nelson and L. Phillips.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3060) passed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            Com. Sub. for H. B. 3062, Removing the cap for collections into the land division special revenue account of the Department of Agriculture; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 190), and there were--yeas 98, nays none, absent and not voting 2, with the nays and absent and not voting being as follows:

            Absent and Not Voting: J. Nelson and L. Phillips.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3062) passed.

            Delegate Boggs moved that the bill take effect from its passage.

            On this question, the yeas and nays were taken (Roll No. 191), and there were--yeas 98, nays none, absent and not voting 2, with the nays and absent and not voting being as follows:

            Absent and Not Voting: J. Nelson and L. Phillips.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3062) takes effect from its passage.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            Com. Sub. for H. B. 3069, Relating to access to justice; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 192), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Pasdon.

            Absent and Not Voting: J. Nelson and L. Phillips.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3069) passed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            Com. Sub. for H. B. 3072, West Virginia Coal Employment Enhancement Act; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 193), and there were--yeas 97, nays none, absent and not voting 3, with the nays and absent and not voting being as follows:

            Absent and Not Voting: Fleischauer, J. Nelson and L. Phillips.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3072) passed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            H. B. 3112, Relating to compensation awards to victims of crimes; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 194), and there were--yeas 97, nays none, absent and not voting 3, with the nays and absent and not voting being as follows:

            Absent and Not Voting: Fleischauer, J. Nelson and L. Phillips.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3112) passed.

            An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:

            H. B. 3112 - “A Bill to amend and reenact §14-2A-3, §14-2A-9 and §14-2A-12 of the Code of West Virginia, 1931, as amended, all relating to compensation awards to victims of crimes; increasing the amount of victim relocation costs; permitting a victim’s reasonable travels costs to attend parole hearings of the offender; including student loans in definition of lost scholarship; permitting the Court of Claims to hire more than two claim investigators; and permitting claim investigators to acquire autopsy reports, including toxicology results, from the State Medical Examiner.”

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            Com. Sub. for H. B. 3139, Authorizing qualified investigators employed by the Secretary of State to carry a firearm and concealed weapon; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 195), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:

            Nays: Wells

            Absent and Not Voting: Fleischauer, J. Nelson and L. Phillips.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3139) passed.

            Delegate Boggs moved that the bill take effect from its passage.

            On this question, the yeas and nays were taken (Roll No. 196), and there were--yeas 97, nays none, absent and not voting 3, with the nays and absent and not voting being as follows:

            Absent and Not Voting: Fleischauer, J. Nelson and L. Phillips.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3139) takes effect from its passage.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            Com. Sub. for H. B. 3157, Restoring the authority, flexibility, and capacity of schools and school systems to improve student learning; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 197), and there were--yeas 98, nays none, absent and not voting 2, with the nays and absent and not voting being as follows:

            Absent and Not Voting: J. Nelson and L. Phillips.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3157) passed.

            On motion of Delegate M. Poling, the title of the bill was amended to read as follows:

            Com. Sub. for H. B. 3157 - “A Bill to repeal §18-2-15, §18-2-15a, §18-2-18, §18-2-23, §18-2-30, §18-2-31, §18-2-36, §18-2-37 and §18-2-38 of the code of West Virginia, 1931, as amended; to repeal §18-2E-3c and §18-2E-3d of said code; to repeal §18-5-40 of said code; to repeal §18-9-2b, §18-9-5, §18-9-7 and §18-9-8 of said code; to repeal §18-9A-3a, §18-9A-3b, §18-9A-13, §18-9A-13a, §18-9A-13b, §18-9A-25 and §18-9A-26 of said code; to repeal §18-9B-11 and §18-9B-16 of said code; to repeal §18A-3-2b of said code; to amend and reenact §18-2-5g of said code; to further amend said code by adding thereto a new section, designated §18-2E-5e; to further amend said code by adding thereto a new section, designated §18-8-6a; and to amend and reenact §18-9A-10 of said code, all relating to restoring the authority, flexibility and capacity of schools and school systems to improve student learning; eliminating requirement for biennial report on public schools and institutions; eliminating expired provisions for RESA study; eliminating expired provisions for study on staff fluctuations at certain schools; eliminating outdated provisions on comprehensive education program plans; eliminating requirement for statewide curriculum technology resource center; eliminating outdated provisions for automatic cost of living adjustment plan; eliminating outdated provisions for student learning abilities grant program; eliminating expired provisions on flood and property insurance study; eliminating expired provisions on study of school teams and committees; eliminating prescriptive summer reading and math grant program provisions; eliminating provisions pilot program for operation on schools on semester basis; eliminating outdated provisions for transferring school funds from magisterial and independent school districts; eliminating outdated provisions related to the board of the school fund; eliminating outdated provisions related to supplemental aid to for districts with institutional home for orphans and homeless children; eliminating expired provisions for transition to new provisions on school finance; eliminating expired provisions for school finance in certain fiscal year; eliminating expired provisions for one-year transitional allocation appropriation for certain rural districts; eliminating expired provisions related to levies subsequent to passage of statewide uniform excess levy; eliminating inoperable provisions for legislative reserve fund; eliminating requirement for appropriation for teacher of the year salary; eliminating allowance for workers’ compensation for unpaid work-based learning; eliminating outdated provisions related to board of school finance; eliminating provisions related to beginning teacher internship; replacing requirement for annual summary and submission of certain county board policies with requirement for state board to review and evaluate certain reports and report to legislative oversight commission; making legislative findings on Goals for Education; making legislative findings on policy-oriented objectives in Goals for Education; making legislative findings on certain issues raised by Efficiency Audit; making legislative findings on consistency of certain Audit conclusion and policy-oriented objectives of Goals for Education; stating purpose of section with respect to Goals for Education and policy-oriented objectives; requiring state board report on accountability supervisory method that does not affect school and district strategic plans in certain ways; requiring state board to provide clear and consistent expectations for reasonable period in certain ways; requiring state board to ensure certain school and school system capacity for professional development; requiring state board to evaluate its performance and progress on achieving goals and report to Legislative Oversight Commission on Education Accountability; providing reimbursement in certain circumstances for county board costs of probation officers for truant juveniles; eliminating state board approval of certain electronic strategic improvement plans; reducing percent of increase in local share added to allowance to improve instructional programs; requiring certain funds available for use for personnel to be used for only certain personnel subject to certain condition; increasing percent of increase in local share added to instructional technology purposes; changing purpose to county and school strategic improvement plans; and changing method of allocation to counties.”

            Delegate Boggs moved that the bill take effect July 1, 2013.

            On this question, the yeas and nays were taken (Roll No. 198), and there were--yeas 98, nays none, absent and not voting 2, with the nays and absent and not voting being as follows:

            Absent and Not Voting: J. Nelson and L. Phillips.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3157) takes effect July 1, 2013.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            H. B. 3161, Repealing section relating to additional fee to be collected for each marriage license issued; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 199), and there were--yeas 98, nays none, absent and not voting 2, with the nays and absent and not voting being as follows:

            Absent and Not Voting: J. Nelson and L. Phillips.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3161) passed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            H. B. 3162, Expanding the eligible recipients of matching funds to include West Virginia State University in certain circumstances, and modifying criteria for eligibility; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 200), and there were--yeas 95, nays 3, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Folk, Howell and Kump.         

            Absent and Not Voting: J. Nelson and L. Phillips.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3162) passed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            H. B. 3163, Requiring all debt obligations of the West Virginia parkways authority to be satisfied by February 1, 2020; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 201), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Wells.   

            Absent and Not Voting: J. Nelson and L. Phillips.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3163) passed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

 

Second ReadingCom. Sub. for S. B. 430, Defining “employment term” in Teachers’ Defined Contribution Retirement System; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for S. B. 431, Relating to public employer liability for delinquent retirement contributions; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for S. B. 448, Increasing number of demonstration dealer plates issued to large commercial vehicle dealers; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for H. B. 2776, Increasing certain filing fees in certain civil actions; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 2859, Authorizing the Commissioner to issue no more than ten additional special demonstration plates used by new and used dealers of larger commercial type vehicles; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

First ReadingThe following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:

            S. B. 383, Authorizing family court judges appoint counsel in certain contempt cases,

            And,

            Com. Sub. for S. B. 412, Relating to removal of elected county conservation district supervisors from office.

Third Reading

            Com. Sub. for H. B. 3021, Relating to operating a bicycle or overtaking a bicycle on a roadway; on third reading, having been postponed in earlier proceedings, was, on motion of Delegate Boggs, laid over.

Miscellaneous Business

            Delegate L. Phillips noted to the Clerk that she was absent on today when the votes were taken on Roll Nos. 179 through 201, and that had she been present, she would have voted “Yea” thereon.

            Delegates Ellington, Gearheart and Shott addressed the House regarding H. B. 3163, Requiring all debt obligations of the West Virginia parkways authority to be satisfied by February 1, 2020, and at the conclusion thereof, Delegate Kump asked and obtained unanimous consent that said remarks be printed in the Appendix to the Journal.

            Delegate O’Neal also addressed the House regarding H. B. 3163, and at the conclusion thereof, Delegate Armstead asked and obtained unanimous consent that said remarks be printed in the Appendix to the Journal.

            Delegate Sumner addressed the House regarding H. B.3163, and at the conclusion thereof, Delegate Lane asked and obtained unanimous consent that said remarks be printed in the Appendix to the Journal.

Leaves of Absence

            At the request of Delegate Boggs, and by unanimous consent, leave of absence for the day was granted Delegate J. Nelson.

            At 3:35 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, April 4, 2013.

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